McDONOUGH v. CHAMPBURGER CORPORATION

No. 73-1719.

488 F.2d 948 (1974)

John J. McDONOUGH et al., Plaintiffs-Appellants, v. CHAMPBURGER CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 1, 1974.


Attorney(s) appearing for the Case

James J. Sullivan, Jr., Francis J. DiMento, Manuel Z. Sherman, John J. McDonough, Boston, Mass., for plaintiffs-appellants.

Joe N. Unger, Bernard S. Mandler, Miami Beach, Fla., for defendants-appellees.

Before TUTTLE, DYER and MORGAN, Circuit Judges.


DYER, Circuit Judge:

Minority stockholders of Champburger Corporation, suing in their own behalf and derivatively in behalf of the company, appeal from the district court's final judgment of involuntary dismissal pursuant to Fed.R.Civ.P. 41(b), based upon a failure of proof at the close of plaintiffs' evidence of a prima facie case of a violation of the federal securities laws or the applicable state common law by the defendants...

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